Question #10

Damir brings action to the court (подает иск). Does Logytom have an obligation to give Damir the computer?

1. No, Damir cheated.

2. Yes.

3. No, Logytom does not have the obligation, as it is its right to give or not give its own computer.

4. No, there was no damage.

Question #11 (0.5%)

Which articles of the Civil Code regulate the issue in the previous (предыдущий) question? Articles ______________________ (3 articles)

New case

Corporation Tacro needed to have heating system (отопление) installed in their office. They solicited tender offers (провели тендер) where they described all work needed, equipment to be installed, and time framework.

Three entities (лица) participated. (1) Company Arinton promised to install the heating system for 2 mln., (2) Individual Entrepreneur (IE) Maxim for 1.2 mln., and (3) Yelnar, a physical entity, for 700,000.

Let’s assume Tacro chose company Arinton as it seemed more reputable. They immediately transferred it 2 mln.

Next day, Tacro receives a letter from company Arinton saying that it leaves the competition as all heating systems have been sold out. Besides, in a month they have to install heating systems in corporation Samuk. It is a huge contract, and all staff would need to concentrate on that project. After the letter, Tacro sends fax to Arinton saying that they have accepted the offer, and Arinton should start immediately as stipulated by the terms of the tender.

Question #12

Is there a contract between Arinton and Tacro?

1. Yes, as Tacro have accepted offer of Arinton. Art. ____

2. No, as Arinton revoked the offer before the acceptance. Art. ____

3. No, as Tacro have not accepted the offer of Arinton. Art. ____

4. Yes, as Arinton accepted offer of Tacro. Art. ____

Question #13

Let’s assume that there is contract. Arinton says now that it impossible to meet its obligations (невозможно исполнить) as all its heating equipment has been sold out (продали). It simply cannot make it.

Does Arinton have an obligation to install heating system anyway?

1. No, as the contract has been terminated by impossibility of performance.

2. Yes, as there is contract.

3. No, there is no obligation.

4. Yes, as Tacro can incur damages, i.e., without heating system Tacro’s operations would be stopped, Arinton has to perform.

Question #14 (0.5%)

Which article of the Civil Code regulates previous Question?

Art. __________________ (if you doubt, you can put up to 5 articles)

Question #15

Let’s assume that Tacro got fed up (надоел) with Arinton, and granted contract to IE Maxim. Maxim installed the heating system so poorly that it breaks every week. Maxim demands money under the contract, i.e., 1.2 mln. There was no term in the contract regarding quality of the installation.

Can Tacro rescind (расторгнуть) the contract?

1. No, it cannot as the contract did not stipulate any provision regarding quality of the installation.

2. No, it cannot as there is no impossibility of performance, i.e., payment.

3. Yes, it can as Maxim is guilty.

4. Yes it might if they manage to prove material breach of the contract.

Question #16 (0.5%)

Which article of the Civil Code regulates previous question? Art. __________________ (if you doubt, you can put up to 5 articles)